Opinion
October 11, 1990
Appeal from the Supreme Court, New York County (Leland DeGrasse, J.).
Plaintiff, a former New York City probationary police officer, brought this plenary action to recover money damages for his allegedly wrongful and discriminatory dismissal. During his probationary period, plaintiff was arrested for driving while intoxicated and subsequently pleaded guilty. Plaintiff was suspended and later dismissed. In April 1988, he brought a CPLR article 78 proceeding in which Justice Baer found that his dismissal was neither arbitrary nor capricious.
Maintenance of this action is barred under the doctrine of res judicata (O'Brien v. City of Syracuse, 54 N.Y.2d 353). "[O]nce a claim is brought to a final conclusion, all other claims arising out of the same transaction or series of transactions are barred, even if based upon different theories or if seeking a different remedy" (O'Brien v. City of Syracuse, supra, at 357). Plaintiff had an opportunity to fully litigate the issue of his discharge in the article 78 proceeding. His failure then to raise a claim of discrimination precludes him from doing so now. (County of Nassau v. New York State Pub. Employment Relations Bd., 151 A.D.2d 168. ) Nor does plaintiff's present demand for monetary damages, a remedy not previously sought, afford him a second opportunity to obtain substantially the same relief denied him in the prior proceeding. (See, Yerg v. Board of Educ., 141 A.D.2d 537.)
Concur — Ross, J.P., Rosenberger, Asch, Kassal and Wallach, JJ.